HomeMy WebLinkAboutCorrective Memorandum of Affordable Housing Agreement Including Declaration of Covenants and Restrictions • JULIE RODEWALD
San Luis Obispo County—Clerk/Recorder 1111312013
Recorded at the request of
0:58 AM
Public
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO: D 0 C#: 2013063423 Titles:-2 Pager.
City Tteess
300 Ef Branch Street IIII II 1111111111111 Others 50.00
0.00
Arroyo Grande, CA 93420 PAID
Attn: City Clerk
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
This Corrective Memorandum of Affordable Housing _
Agreement is recorded at the request and for the
benefit of the City of Arroyo Grande and is exempt
from the payment of a recording fee pursuant to
Government Code Sections 6103 and 27383.
Note to Recorder:
Recordation pursuant to Civil Code§1468(d)
•
CORRECTIVE MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT
INCLUDING DECLARATION OF COVENANTS AND RESTRICTIONS
This CORRECTIVE MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT
INCLUDING DECLARATION OF COVENANTS AND RESTRICTIONS ('Corrective
Memorandum") is dated to be effective as of May 14, 2013, and is being recorded to include the
legal description that was inadvertently omitted from that certain Memorandum of Affordable
Housing Agreement Including Declaration of Covenants and Restrictions by and between the
CITY OF ARROYO GRANDE AS HOUSING SUCCESSOR TO THE DISSOLVED
REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE ("City"), and
HABITAT FOR HUMANITY FOR SAN LUIS OBISPO COUNTY, a California nonprofit
public benefit corporation ("Developer'), recorded on August 28, 2013, as Instrument No. 2013-
1 050259 in the Official Records of San Luis Obispo County, California (the "Original
Memorandum"), as set forth herein.
City and Developer now wish to re-record the Original Memorandum to include, in a new
Exhibit "A" thereto, the legal description of the Site.
8821029456-0003
6135858.1 409111/13
- - ' JULIE RODEWALD RT
San Luis Obispo County—Clerk/Recorder 8/2812013
Recorded al the request of 11:09 AM
RECEIVED Public
RECORDED AT THE REQUEST IOFR R O Y 0 C: /JOE : 2013050259 Titles: 2 Pages: 3
AND WHEN RECORDED O•
i 24 PM 2° • Fees 0.00
City of Arroyo Grande Taxes 0.00
300 E. Branch Street Others 0.00
Arroyo Grande, CA 93420 PAID 50.00
Attn: City Clerk
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
This Memorandum of Affordable Housing _ - -
Agreement is recorded at the request and for the
benefit of the City of Arroyo Grande and is exempt
from the payment of a recording fee pursuant to
Government Code Sections 6103 and 27383.
Note to Recorder:
Recordation pursuant to Civil Code§14680
MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT
INCLUDING DECLARATION OF COVENANTS AND RESTRICTIONS
•
This MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT
("Memorandum") is entered into this Its day of Ma/ , 2013, by and between
the CITY OF ARROYO GRANDE AS HOUSING SUCCESSOR TO THE DISSOLVED
REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE ("City"), and
HABITAT FOR HUMANITY FOR SAN LUIS OBISPO COUNTY, a California nonprofit
public benefit corporation ("Developer").
This Memorandum is made with reference to the following:
1. Developer is the owner of that certain real property located in the City of Arroyo
Grande, County of San Luis Obispo, State of California, more particularly described in the legal
description attached hereto as Exhibit"A" and incorporated herein by this reference ("Site").
2. On or about Mott 14 , 2013, City and Developer entered into that
certain Affordable Housing Agreement ("AHA") which requires Developer to develop an
affordable housing ownership project on the Site and to sell the homes to low income qualified
buyers and is subject to those and other covenants and restructions.
3. The AHA provides for City and Developer to enter into this Memorandum and to
record the same in the Official Records of San Luis Obispo County, California, to provide notice
to all persons of the existence of said AHA including the covenants and restrictions therein,
which AHA is binding on Developer and Developer's successors-in-interest as to the Site.
Imo.— — -- - - --- - - -- - - - - � - - -
4. This Memorandum is not intended as a full description of the terms and
conditions of the AHA. This Memorandum shall not replace, alter, or modify any term or
condition set forth in the AHA, nor shall it be used to interpret the terms and conditions of the
AHA.
394/024600.0013
1160644.9 405108/13 -1-
• . i .
5. This Memorandum may be executed in several counterparts, and all so executed
' shall constitute one agreement binding on both parties hereto, notwithstanding that both parties
are not signatories to the original or the same counterpart.
IN WITNESS WHEREOF, City and Developer have entered into this Memorandum as of
the date first set forth above.
"CITY"
CITY OF ARROYO GRANDE AS HOUSING
SUCCESSOR TO THE DISSOLVED -
ARROYO GRANDE REDEVELOPMENT
AGENCY
By:
Tony or
ATTEST. '
Kelly W=I.no , City Clerk
lictROYo
a4 V "DEVELOPER"
0. ,, , vo
V • HABITAT FOR HUMANITY FOR SAN
41 •4&Y io.in * LUIS OBISPO COUNTY, a California
nonprofit public benefit • g.oration
c41E0P �
By: ` 1 . MIe i a
Its i. •� O. .e, CE•
By: On
Its: Chuxak Tyleven Son ,"%card (',hint'
394/0246000013
11606449 e05108113 -2-
Sate of California )
. County of &in £u,is fhbp )
On 4. "0It 1013 , before me, @ Sit/we k 1/-( GkPc.i
tV� (insert name and title of the officer)
Notary Public, personally appeared \T/Aikei, K. Ojoiem
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. yr; -„!�. •mon
tan,i U 001 f
[.r Ac
Signature (Seal)
CRR1514A UULFA E
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4) RWr2 PUte-Cmaob
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a1iC.mm,"my n.21�2�
State of� II
County oF� 14.4.4.5 O r-�- )
)
-
On ,ts4- 12- 2012' , before me, l /1.1 .S.4 \,L WA l leM-61%-,
�� � (insert name and tide of the officer)
Notary Public, personally appeared l�l,t�t C K S,4 l/PM tth4
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct
WITNESS my hand and official seal.
^
Signature , __ _ (Seal)
I ` San Lunele
San m1 001!0 rmmr
112Cmm Ern.V2.2011t
394,024600-0013 3
11606449 a05/08/13 -3- OF DOCUMENT)
EXHIBIT "A" TO MEMORANDUM
LEGAL DESCRIPTION OF SITE
That certain real property located in the City of Arroyo Grande, County of San Luis
Obispo, State of California, described as follows:
That portion of Lot 106 of the Subdivision of the Ranchos Corral de Piedra,
Pismo and Bolsa de Chamisal, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, according to map filed in Book A, Page 65 of Maps,
in the office of the County Recorder of said County, described as follows:
Commencing at a point in the Southeasterly line of the right of way conveyed to
the County of San Luis Obispo, by Deed Dated May 7, 1941 and recorded May
29, 1941 in Book 300 at Page 12 of Official Records, distant thereon North 56°50'
East, 1377.10 feet from the Southwesterly line of Lot 13 of the Folsom Tract,
according to the map filed for record September 26, 1891 in Book B at Page 75 of
Maps; said point being the most Northerly corner of the property conveyed to Roy
S. Slean etux, by deed dated December 30, 1946 and recorded January 21, 1947 in
Book 428 Page 463 of Official Records; thence North 56°50' East along the
Southeasterly line of the right of way above referred to, 66.25 feet to the most
Westerly corner of the property conveyed to William Q. O'Connor etux., by Deed
dated August 8, 1949 and recorded February 16, 1950 in Book 522 Page 199 of
Official Records; thence South 33°10' East along the Southwest line of the
property so conveyed, 328.73 feet to the most Southerly corner thereof; thence
South 56°50' West, 66.25 feet to the Easterly corner of the property conveyed to
Roy S. Slean etux., so conveyed, 328.73 feet to the point of beginning.
Said Property is also shown on map recorded May 27, 1941 in Book 2 Page 74 of
Record of Surveys.
Excepting therefrom that portion as conveyed to the City of Arroyo Grande, a
Municipal Corporation by deed recorded June 29, 1984 Instrument No. 34576 in
Book 2609 Page 458 of Official Records.
882/029456-0003
6135858.1 809111/13
IN WITNESS WHEREOF, City and Developer have executed this Corrective
Memorandum by duly authorized representative to be effective as of the date first set forth
above.
"CITY"
CITY OF ARROYO GRANDE AS HOUSING
SUCCESSOR TO THE DISSOLVED
ARROYO GRANDE REDEVELOPMENT
AGENCY
By: /
Tony Ferr ayor
ATTE` :
Kelly el i re, City Clerk
�_00Y0 Gq
9 DEVELOPER"
NIpaATED
F HABITAT FOR HUMANITY FOR SAN
JUDY 10. * LUIS OBISPO COUNTY, a California
nonprofit public benefit orporation
CALIFOQ By: t K. Pit F•
fifil. Ogden`i EO
By: air M /
Chuck Stevens, , Board Chair
882/029456-0003
6135958/a09111/13
State of California )
County of Sa.K Uuws Ob1spa )
•
On (Iov....... wr 4/ 1013 , before me, CVt 1Sklvvay. V1J-eL•C0 . ,
(insert name and title of the officer)
Notary Public,personally appeared 'l v-L.IGc- 09�M ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
uCaaRm.11ntfM
WITNESS my hand and official seal. Gnmmn,.=•70151115 `E
11.1,1,POW-Ca la
-a ua Lois oa.oaCat
Ilea rimy fir)
Signature t2-€&&9(- (Seal)
•
State of California I � • )
County of 9t,. LUAS 019(512a )
On Move vu.(a(iv (Q, 20(3 , before me, ah.V(s-k KAI Ida_
(insert name and title of the officer)
Notary Public, personally appeared Chu C(4. & ven'.scr , ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. at
maim.' "`a
av, ,ac usmam
O?,
r csom a lv on Lna.6
-
Signature reigial-
(Seal)
1
882/029456-0003
6135858.1 809/11/13 END OF DOCUMENT